GENERAL TERMS AND CONDITIONS

1. Introduction

The present dispositions regulate the use of the site www.trovit.com (and other domains property of the same company, including trovit.co.uk, trovit.es, trovit.de, trovit.it, trovit.nl, trovit.pt), which TROVIT SEARCH S.L (“Trovit”) offers to internet users, as well as the content which will be shown or will be offered, on the aforementioned page, to these clients.

The General Terms and Conditions posted on this website at any given moment are those current in the determined moment.

The access to the website is free, except connection costs through the telecommunications network provider hired by the client.

The access to the “My Trovit” area is an exclusive service, destined to the clients who are registered and active on Trovit. A client is considered as an active client once he/she has registered via the procedures established on this website and there is confirmation of the binding agreement by sending the registration confirmation to the email address supplied by the client during the registration process.

In the event of the fault by the client regarding the obligations described in this website, Trovit shall be entitled to prohibit or deny the access to the “My Trovit” section of the www.trovit.com website, without prejudice of further legal actions that may correspond to Trovit.

The access to this website attributes the condition of client of the site and implies the acceptance of all the terms and conditions here in detailed. The service provided by this website lasts until, the client is connected to the site or to any services provided by the site. Therefore, the client must read accurately the present Terms and Conditions any time he/she pretends to access to the site, because the site and the Terms and Conditions are subjected to change.

Some of the services of this website, accessible to internet clients or exclusive for Trovit clients, have Particular Terms Conditions which, in this case, substitute, complete and/or modify the present General Terms and Conditions, which will have to be accepted by the client before the service is offered or subscribed to. The access and/or use and/or subscription to these services and contents expresses the absolute and unconditional acceptance of the corresponding Particular Terms and Conditions in the version published by Trovit at the time of the access and/or use and/or subscription.

Trovit shall be entitled to unilaterally modify, anytime and without prior notice, the form and conditions of subscription of the Trovit services, on the www.trovit.com website, as well as the General Terms and Conditions and the corresponding Particular Terms and Conditions.

Any client will access and use the www.trovit.com website according to the present General Terms and Conditions, the Particular Terms and Conditions, law, ethics, good faith and/or good practices, refraining from performing any act which may imply any kind of damages to the website, to Trovit, and/or the rest of the clients and/or any third party.

2. Contracting of services

The access and contracting process, terms and conditions of the services offered by Trovit will be subject, at any time, according to what it is established on its website, current at moment when the services are provided, so Trovit reserves the right to unilaterally modify, in any moment, and without prior notice, the mentioned Terms and Conditions.

Likewise, the client, when contracting Trovit’s services, is under the obligation to supply truthful information, assuming to these effects all the damages and consequences of any kind that the untruthfulness of the information provided can cause, directly and/or indirectly, to Trovit and/or to any third party, at any time, for any reason, and by any means.

3. Duration

According to the terms and conditions of the present General Terms and Conditions as well as to the applicable Particular Terms and Conditions, Trovit reserves the right to unilaterally suspend temporarily or permanently terminate the services provided through the www.trovit.com website, as well as suspend temporarily or terminate the service of the www.trovit.com website.

4. Access codes

Trovit will offer the possibility to obtain a personal identifier and access code, personal and non-transferable, in order to allow the client to use this website or the services offered by Trovit. The client is obligated to keep confidential these codes, refraining from providing his/her personal identifier / username / password / access code to a third party, and assuming, therefore, any consequence arising from the default of such obligation. The access code can be modified by any of the parties upon request. In the event that such modification comes from an express request by Trovit, the date of deactivation and substitution of the access code for a new one will be notified to the client.

Trovit is not responsible for any harm or negative consequence or loss of profit caused to the client and/or a third party as a consequence of the loss or theft of the personal identifier, username or password/access code and/or use by a third party.

5. Industrial and Intellectual Property

Trovit is the owner of the domains trovit.com, trovit.es, trovit.co.uk, trovit.it, trovit.de, trovit.nl, trovit.pt, trovit.ie.

The www.trovit.com website in its entirely, including without any exceptions, its design, structure and distribution, text and contents, logos, buttons, images, source code, as well as the intellectual and industrial property rights and any other distinctive sign related to the aforementioned, to the website itself, and any other that appears on the website, as well as all those related to the services offered by Trovit and those owned by Trovit, pertain to Trovit and/or the corresponding owner, and, therefore, it is prohibited to, by means, their use, exploitation, copy, reproduction, as well as their elimination, damage, and/or modification, registration and/or request of registration them, partially or totally, temporarily or permanently, and any other similar presently or in the future without the Trovit´s express and written authorization, and/or of the corresponding owner, without the possibility to understand that exists a licence or authorization whatever its nature, total and/or partial, to a any third parties and/or client by Trovit and/or from the corresponding owner.

Trovit reserves the right to unilaterally redesign and modify, in any moment, and without further notice, the presentation and configuration of the www.trovit.com website.

All the rights of industrial or intellectual property and any other distinctive sign, including without exception, contents documents, texts and reports published on this website, as well as images, design, graphics, drawings, buttons, logos, brands, of the contributors to the www.trovit.com website, pertain to their authors, therefore, it is prohibited, in any means, to use, exploit, copy or reproduce them, as well as eliminating, damaging and/or modifying them, registering and/or attempting to register them, partially or totally, temporarily or permanently, or any similar, presently or in the future, without the express authorization by the authors, without the possibility to understand that exists a licence or authorization whatever its nature, total and/or partial, to a any third parties and/or client by Trovit and/or from the corresponding owner.

Trovit will not assume any responsibility in the event that any third-party Intellectual or Industrial property right is violated by a third party and/or client, or violate the rights of a third party and/or client.

6. Responsibility exemption

There is no relationship or association of any kind between Trovit, and the www.trovit.com website, with the owners of the websites linked to, therefore, Trovit and the www.trovit.com website are not responsible for third-party websites neither their utility, trustworthiness, accuracy, nor for the contents included in such sites; they are websites that belong to independent corporations without existing association or relationship.

Trovit is not responsible for any harm and/or damage and/or losses of profit of the client or of a third party who is damaged by the opinions, representations, data and/or content that, in this case, can be emitted directly or indirectly the clients and/or third parties for any reason, any time and any by any mean on the www.trovit.com website.

Trovit does not ensure the continuous, reliable, permanent operation of the www.trovit.com website, without a delay or interruption; therefore, Trovit is not responsible for any damage and/or harm and/or loss of profit these may cause for the client or a third party.

Trovit is not responsible for any damage and/or loss of profit for the client or a third party as a consequence of a circumstance of force majeure, fortuitous event, failure or error in the communications lines, or for the defective rendered service or failure of the Internet.

Trovit is not responsible for any harm and/or damage caused to any client or third party, neither for harm and/or damages suffered by any client or third party, caused directly or indirectly by the use and/or access and/or connection to the www.trovit.com website and/or other linked websites, not being Trovit responsible for any harm or damage caused to a client or third party due to incorrect operation, defects, errors or damage caused, totally or partially, to any hardware or software, as well as the loss/alteration and/or damage to the information stored in magnetic supports, disks, tapes, floppy disks and others, as well as the introduction of computer viruses or undesired variations or alterations on the information, documents, files, databases, hardware and/or software.

Trovit is not responsible for any harm and/or damages caused to any third party for the use of his/her banking data information without the prior consent of any clients that contract any product or service with Trovit.

Trovit is not responsible for any errors in the communications transmission, including the deletion, incomplete transmission, delay in transmission, without ensuring that the transmission network is functioning constantly. Trovit is not responsible in the event that a third party circumvents the security measures established by Trovit and/or circulates and/or transmits computer viruses.

Trovit has adopted all the legally enforced security measures for the protection of the client’s supplied data. However, Trovit cannot guarantee the absolute invulnerability of its security systems, neither the security nor inviolability of the data in its transmission through the web. Trovit cannot guarantee the truthfulness or currency of the data supplied by the client.

Trovit does not control or guarantee the functioning of its services or the absence of computer viruses in the services offered to third parties through its network of sites that can produce alterations in its technical system (software or hardware) or in the documents or files stored in its system.

The links that Trovit offers the client have the purpose of making easier the search of available information on the Internet. Trovit cannot ensure that the system is adequate for any services outside of the one hired neither that it provides access to all sites on the Internet. Trovit does not offer neither commercialise the services available in the linked sites, nor does it assume any responsibility for these products or services.

Trovit, as a services provider, does not control the use of the services made by the client. In this sense, Trovit is not responsible for the use and/or the content that, in violation of the law and/or these Terms and Conditions and/or the applicable Particular Terms and Conditions, the client may make. Trovit is not responsible for the content and/or information and/or data transmitted, neither originating the transmission, not modifying the data, neither selecting it nor the addressee, being, therefore, the client the only person responsible for the consequences his/her unlawful use or the use in disagreement with these Terms and Conditions can have, as well as the truthfulness and/or lawfulness of the contents provided by the client. To these effects, the client has the obligation to use the services according to the applicable law.

In the event that Trovit is aware, by any means, directly or indirectly, of the existence of contents that may infringe on the current laws or these Terms and Conditions and/or the applicable Particular Terms and Conditions, or of the unlawful, unauthorised or fraudulent use, Trovit is entitled to suspend the services, totally or partially, without the client’s prior authorisation, by eliminating the infringing contents or taking any other measures considered necessary to disallow the continuity in the infringement detected, relinquishing the client to any claim, in case there is direct or indirectly any error and/or mistake by Trovit in the such contents.

Without detriment of the previous points, Trovit shall be entitled to communicate to the administrative or judicial authorities the acts that may constitute an illegal activity, without notification to the client.

In particular, Trovit is not responsible for the defective provision or interruption of the services commercialised and provided in the following events:

• Interruption of the services due to network maintenance.
• Discontinuity in the service caused by the introduction from the client and/or any third parties of hardware or software components that cause a defective operation of the technical systems or that are incompatible with the elements of the system.
• Interruption of the services due to the inability of access to the broadband support.
• Interruption of the services due to an incorrect use or their inadequacy.
• Interruption of the services due to the errors in the electrical power supply to the equipment and devices used by the client to access the services.
• Causes attributable to a third party or force majeure.
• Lost of quality of the service or connection capacity, for causes not directly attributable to Trovit.
• Administrative or judicial resolutions.
• Incorrect configuration of the necessary installation by people not related to Trovit and/or by the client and/or any third parties.
• Harm and/or damages that cannot be attributed solely, directly nor exclusively, to Trovit.
• Lost of profit for the client and/or any third parties.
• Harm and/or damages, of any kind, arising from client and/or a third parties fault.
• Harm and/or damages caused directly or indirectly to the client and/or to any third parties by not directly causes attributable to Trovit.

The unpredictable events, as well as the force majeure cases, official measures, errors in the telecommunications connections not directly attributable to Trovit, will exempt Trovit from providing services while the unpredictable events, etc., still last.

7. Confidentiality

Trovit, as well as its personnel and technical support will treat and keep the entire client’s information they have access by any means, in a confidential manner, they will not use it, divulge it or allow to be used or divulged it, and they will destroy it or return it instantly in the event that it has been registered for any reason or in any means, when in the offering of the hired services and according to the present Terms and Conditions and the applicable Particular Terms and Conditions they have access to information on any type of client. In any case, the corresponding laws shall be applied.

8. Applicable legislation and jurisdiction

All the discrepancies, claims and controversies that may arise shall be settled by the Barcelona Courts and Tribunals, for events pertaining to its jurisdiction, and for those outside of its jurisdiction, to the jurisdiction legally established.

The Spanish law shall be applied.

The present General Terms and Conditions shall be effective on January 1st, 2009.